Injured Man Refiles Suit Over Police Chase

August 20, 1998|By ROGER CHESLEY Daily Press

NEWPORT NEWS — A Newport News man, who received serious injuries when he was an innocent victim during a police chase, has refiled a lawsuit against two police officers and the suspect police were chasing.

Gary E. Roberson, 34, is seeking $2.5 million, plus interest and costs, in the suit filed Aug. 6 in Newport News Circuit Court. In part, his suit contends that police should have arrested the suspect before the chase. The suspect's car later struck Roberson, who was walking to a convenience store.

Roberson said Wednesday that doctors next month will reconstruct ligaments in his left leg - his ninth operation since the Jan. 13, 1997, incident.

This is the second time Roberson's attorneys have sued the parties in the case. The attorneys dropped the first lawsuit, which happens frequently, after receiving more information about the chase.

Officers David Alan Osborn and Anthony C. Hunter were pursuing Carlos Lewis, who was wanted on outstanding warrants in Hampton. Lewis' Mazda left the roadway at Warwick Boulevard near Warwick Landing, ran onto the sidewalk and struck Roberson.

The car raced 79 feet before dumping Roberson off the hood, according to witnesses and court testimony.

The latest suit contains several new allegations, including claims that the police officers didn't prevent Lewis from entering his car on the day of the chase.

The suit contends that Osborn knew Lewis' whereabouts before the chase; had learned that Hampton authorities wanted Lewis on two felony warrants, including one that involved Lewis fleeing from police; and that in October 1996, Lewis had fled the scene of an accident involving Osborn while the officer was off-duty.

Osborn and Hunter had staked out Lewis' home in an apartment complex in the 13300 block of Garden State Drive, the suit says.

"They neither informed their superiors in the Newport News Police Department of their intent to arrest him on the outstanding felony warrants beforehand nor did they otherwise arrange" for extra police help, the suit contends.

The crash broke Roberson's lower back, damaged nerves in his spine, broke his left leg, tore ligaments in his right leg, fractured his left collarbone, bruised a kidney and paralyzed him below the waist for more than two months.

Police arrested Lewis. He pleaded guilty to hit-and-run and fleeing and eluding charges and was sentenced to four years in prison.

Hunter has since left the police department. Police did not comment on his whereabouts. Kenneth Yoffy, who earlier represented Osborn in the case, was out of the office this week and could not be reached for comment.

But Yoffy said earlier that the police officers should not be liable for Lewis' "criminal acts."

Newport News police would not release details of its investigation into the pursuit, saying it is a personnel issue.

Roberson said Wednesday the department's lack of compassion bothered him.

"I don't have animosity for the police. They do a job in our society that needs to be done," he said. But "whether they were right or wrong, I didn't get one phone call, one card, one visit, nothing from the chief of police or police officers ... saying `We're sorry for your pain.' "

Across the country, police are re-evaluating their pursuit policies. Since the accident, Virginia Beach police have banned police pursuits except for cases involving violent, armed felons.

- Roger Chesley can be reached at 247-4799 or e-mail at rchesley@dailypress.com